Automotive

Ask me anything about fighting your traffic ticket (Speeding, Parking, etc.)

Newbie
Mar 3, 2018
5 posts
1 upvote
Hello everyone!

So i got pulled over up north of Barrie. Cop said he pulled me over for doing 150+ when i wasn't and was going to impound my car and suspend my licence for 1 week. He didn't do it. When I got my ticket there was no R for a reduced ticket, ticket says 146. Cop also opened my door first thing walking up to my car with no probable cause. He intimidated me trying to get me to say i was trying to run when i didn't asking me why didn't i pull over when I did. He asked me if i wanted to be arrested before asking me a 3rd time. I have already emailed my disclosure to them already and waiting on it right now. I have my G2 and i talked to a lawyer and they told me a 129 is the best offer i should go for because since i have a G2, its an auto 30 day suspension unless i get it to a 129 which is a minor ticket opposed to a 130+ which is a major ticket. I have a couple of questions, what do you think my chances are? What can i do about the cop lying to me and opening my door? If I get my G before the court date, which I was already planning on doing when the weather is better, does the 30 day suspension get waived? I also have a motorcycle and I'm sure that would also be suspended too cause its my license that is getting suspended right (got a ticket in the car btw)? Thanks!
Newbie
Feb 7, 2007
34 posts
2 upvotes
Toronto
ShrekTek wrote:
Mar 2nd, 2018 4:03 pm
Is this in Ontario? Officer can NOT reduce the fine. The fine is set based on the speed. If speed was nyot reduced then fine was not reduced. If fine was reduced then speed was reduced.
It was in a community saftey zone where fines are doubled and he immediately, without me asking told me he wasn't changing my speed, but not doubling the fine
Member
Mar 13, 2017
307 posts
60 upvotes
Got a ticket for 17 over. Will of course choose the trial option. But are there any recommendations after that? Disclosure request to start, but what about the rest? Anything that can be done to increase my chances at getting it reduced or eliminated? I am just concerned about the insurance premiums and nothing more.
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
undacova wrote:
Mar 4th, 2018 12:16 pm
Questions about appeal,

I received a ticket and went to trial which I lost, in term the prosecutor asked for a higher fine which was granted. Question is if I appeal the decision would I also get an early resolution meeting or its straight to another trial?\\

Also I am in Ontario, am I legally required to tell my current insurance company that I was convicted? In addition is the conviction date from the date of the ticket or from the trial date?
An appeal is NOT another trial and there is no early resolution.

For an appeal you will need to pay for three official transcripts of all the trial dates that occured. You will then go before the Judge and explain why you believe the JP made some kind of error in their decision. You can not enter any new evidence and you can not try to re-explain what happened. The judge will look at the transcripts from the trial and if it is not in the transcript then for appeal purposes it did not happen.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
DudebuD wrote:
Mar 4th, 2018 10:31 pm
It was in a community saftey zone where fines are doubled and he immediately, without me asking told me he wasn't changing my speed, but not doubling the fine
Ok that makes more sense.

Plead not guilty and request disclosure once you get your notice of trial and post it here so we can review.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
User848036 wrote:
Mar 4th, 2018 8:10 pm
Hello everyone!

So i got pulled over up north of Barrie. Cop said he pulled me over for doing 150+ when i wasn't and was going to impound my car and suspend my licence for 1 week. He didn't do it. When I got my ticket there was no R for a reduced ticket, ticket says 146. Cop also opened my door first thing walking up to my car with no probable cause. He intimidated me trying to get me to say i was trying to run when i didn't asking me why didn't i pull over when I did. He asked me if i wanted to be arrested before asking me a 3rd time. I have already emailed my disclosure to them already and waiting on it right now. I have my G2 and i talked to a lawyer and they told me a 129 is the best offer i should go for because since i have a G2, its an auto 30 day suspension unless i get it to a 129 which is a minor ticket opposed to a 130+ which is a major ticket. I have a couple of questions, what do you think my chances are? What can i do about the cop lying to me and opening my door? If I get my G before the court date, which I was already planning on doing when the weather is better, does the 30 day suspension get waived? I also have a motorcycle and I'm sure that would also be suspended too cause its my license that is getting suspended right (got a ticket in the car btw)? Thanks!
You can make a complaint to the OIPRD about the officers conduct, however when it is your word against officers who do you think they will believe. Not sure there is anything stopping them from opening your door either, but you can still complain about it. Best protection is a dashcam.

No R on the ticket does not matter even if it was reduced.

Because of your G2 status you MAY want to consider early resolution (but you can have same conversation before trial) and see if prosecutor will offer you the 29 over which is 3 demerits instead of 4. However when I read about G1 and G2 it seems like you need at least 6 demerits before you might get a 60 day suspension. I am not able to find anything on 30 day suspensions.
https://www.ontario.ca/page/understandi ... rit-points

No, getting your G will not waive suspension.

Plead Not Guilty and request a trial. Once you get your notice of trial, request disclosure. Post it here once you get it.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
beatles89 wrote:
Mar 5th, 2018 9:21 am
Got a ticket for 17 over. Will of course choose the trial option. But are there any recommendations after that? Disclosure request to start, but what about the rest? Anything that can be done to increase my chances at getting it reduced or eliminated? I am just concerned about the insurance premiums and nothing more.
In Ontario 17 over is 3 demerits and 15 over would be 0 demerits. But demerits are irrelevent to insurance companies and even if you get it reduced to 15 over it can still cause an increase in insurance.

Plead not guilty and request a trial and once you get your notice of trial, request disclosure and post it here once you get so we can review and see if there is a way to beat it.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--
Newbie
Jun 8, 2009
4 posts
Kitchener
Thanks ShrekTek. I read the "Notice of Impending Conviction" form from http://ontariocourtforms.on.ca. In the form, it says "the vehicle bearing the licence plate mentioned above was unlawfully parked or stopped." Can I assume "Notice of Impending Conviction" apply to the ticket associated no-stopping zone?
Member
Mar 13, 2017
307 posts
60 upvotes
ShrekTek wrote:
Mar 5th, 2018 12:33 pm

In Ontario 17 over is 3 demerits and 15 over would be 0 demerits. But demerits are irrelevent to insurance companies and even if you get it reduced to 15 over it can still cause an increase in insurance.

Plead not guilty and request a trial and once you get your notice of trial, request disclosure and post it here once you get so we can review and see if there is a way to beat it.
On average how much will my premiums increase from this? I got a speeding ticket, 15 over, in June of 2015 and my premiums actually decreased. I suppose I'm in for an increase now. But how much on average? (I know you can't give me an exact amount).
Member
User avatar
Jan 15, 2004
286 posts
1 upvote
Hi - looking for some advice/help from the experts here...

I got a speeding ticket in October 2017 in Scarborough near Neilson/401. The officer claimed I was doing 76 in a 50 zone and he then reducesdit to 10 over so the ticket is $40. It was one of those where the cop was standing with a radar gun and then came in front of the intersection and asked me and the car behind me to pull into the nearby street. When speaking to a paralegal he mentioned that the fact that the cop stopped two cars at the same time could potentially help my case.

I had requested disclosure using the template on an earlier RFD post I believe and only received the attached, despite requesting the radar manual, handwritten notes etc .

The trial is in April at the Milner courthouse in Scarborough.

Based on this information/attached documents I wanted to know the following:

-What is the likelihood of avoiding a conviction and getting this dismissed and is it even worth contesting ?

-Is it likely that if I lose the trial that my charge will go up to the higher amount?

-Now that I've requested a trial can I still pay the ticket a few days before the trial (if I decide not to go the trial) and will the amount/charge be the same ?

- Any advice /tips on next steps ?

Any help is really appreciated!

Ticket and Disclosure Pics Below

https://drive.google.com/file/d/1hzBMrH ... sp=sharing
https://drive.google.com/file/d/1uk-dIu ... sp=sharing
https://drive.google.com/file/d/1aFB8i1 ... sp=sharing
Deal Addict
User avatar
Nov 3, 2012
1663 posts
380 upvotes
TORONTO
zakregent wrote:
Jul 10th, 2017 5:55 pm
Just got caught speeding on River/Gerrard. Police pulled me over and recorded 57 km/h in a 40 km/h zone.

Ticket is $57.50 and 3 demerit points.

Have insurance under my father.

As it stands now, this is my first HTA ticket (couple of parking tickets meh) and I have been driving since 2010.

What are my next steps? If I go to court to fight this and they reduce it to the 0-15 km/hr over zone, that means 0 demerit points. Do I still take a hit on insurance if I'm in that zone. Any chance of getting this ticket completely removed?

Thanks in advance.
I got this ticket on July 10, 2017. I got my notice of trial back in August. After speaking to the General Line (416 338 7320), the fax number they gave me was 416 338 6986. I faxed my disclosure request in September 2017 and again in February 2018

I still have not received my disclosure and my trial is early April 2018. What should I do?
Deal Fanatic
User avatar
Mar 23, 2008
6911 posts
3919 upvotes
Edmonton
zakregent wrote:
Mar 6th, 2018 11:52 am
I got this ticket on July 10, 2017. I got my notice of trial back in August. After speaking to the General Line (416 338 7320), the fax number they gave me was 416 338 6986. I faxed my disclosure request in September 2017 and again in February 2018

I still have not received my disclosure and my trial is early April 2018. What should I do?
Have you called, to see if your request has been received, and what the status is?

C
Deal Addict
User avatar
Aug 27, 2014
3889 posts
927 upvotes
Canuckland
avid wrote:
Mar 5th, 2018 11:25 pm
Hi - looking for some advice/help from the experts here...

I got a speeding ticket in October 2017 in Scarborough near Neilson/401. The officer claimed I was doing 76 in a 50 zone and he then reducesdit to 10 over so the ticket is $40. It was one of those where the cop was standing with a radar gun and then came in front of the intersection and asked me and the car behind me to pull into the nearby street. When speaking to a paralegal he mentioned that the fact that the cop stopped two cars at the same time could potentially help my case.

I had requested disclosure using the template on an earlier RFD post I believe and only received the attached, despite requesting the radar manual, handwritten notes etc .

The trial is in April at the Milner courthouse in Scarborough.

Based on this information/attached documents I wanted to know the following:

-What is the likelihood of avoiding a conviction and getting this dismissed and is it even worth contesting ?

-Is it likely that if I lose the trial that my charge will go up to the higher amount?

-Now that I've requested a trial can I still pay the ticket a few days before the trial (if I decide not to go the trial) and will the amount/charge be the same ?

- Any advice /tips on next steps ?

Any help is really appreciated!

Ticket and Disclosure Pics Below

https://drive.google.com/file/d/1hzBMrH ... sp=sharing
https://drive.google.com/file/d/1uk-dIu ... sp=sharing
https://drive.google.com/file/d/1aFB8i1 ... sp=sharing
Get disclosure and go from there

It's missing the police notes and the manual of the speed measuring device
Deal Addict
User avatar
Aug 27, 2014
3889 posts
927 upvotes
Canuckland
zakregent wrote:
Mar 6th, 2018 11:52 am
I got this ticket on July 10, 2017. I got my notice of trial back in August. After speaking to the General Line (416 338 7320), the fax number they gave me was 416 338 6986. I faxed my disclosure request in September 2017 and again in February 2018

I still have not received my disclosure and my trial is early April 2018. What should I do?
Call a week before the trial and ask for it. If they say it's not available you can file a non disclosure and have the case stayed or dismissed
Sr. Member
Jun 15, 2017
736 posts
163 upvotes
Ontario, Canada
DealCanuck wrote:
Mar 6th, 2018 1:47 pm
Call a week before the trial and ask for it. If they say it's not available you can file a non disclosure and have the case stayed or dismissed
In Ontario, this will NOT work if it is your first trial date. Caselaw states the remedy for non-disclosure at the first trial date is to tell prosecutor to get you the disclosure and set a new trial date.

I would show up for court and ask prosecutor if officer is there. If not, then ask if they will be withdrawing the charge. If yes, then say you want your disclosure and time to review it.
--
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
--

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